How long must my school hold my job for me due to my being under a doctor’s care?

I am a custodian at school. I have a bad back and have applied for disability. If

I don’t qualify, how long must the school hold my job for me if I have no choice but return?

Asked on April 27, 2017 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

They'd have to hold it for you for up to 3 months, under the Family and Medical Lease Act (I am assuming that the district has at least 50 employees within a 75-mile radius and so is under FMLA); any longer than that, or any period if FMLA does not apply, is discretionary on their part, and they  could decide when they've held the job long enough.
However, in addition to the above, if you have sick and vacation days, you can use those to extend the time you may be out.

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